Terms of use

1. GENERAL INFORMATION

This document (as well as all/other documents mentioned here) regulates the conditions that govern the use of this Website and the purchase or acquisition of products on it (hereinafter, Conditions). This document and other related documents are accessible on the website for consultation.

For the purposes of these Conditions, it is understood that the activity that Jessica Torres Art carries out through the Website includes: the sale of products derived from the artistic creations of Jessica Torres, such as illustrated sheets, stickers, bookmarks, postcards and other stationery products. .

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the Cookies Policy, and the Privacy and Privacy Policy. Data Protection of Jessica Torres Art. By using this Website or by making and/or requesting the acquisition of a product through it, the User agrees to be bound by these Conditions and by everything mentioned above, so, if not If you agree to all of this, you should not use this Website.

Likewise, you are informed that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of products is requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided or, where appropriate, using the contact form.

The information on the purchase conditions and navigation through the website is written in Spanish. They are permanently available to be printed or saved.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment navigation through the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend to:

• Use this Website only to make inquiries and legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.
• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is aimed mainly at Users residing in Spain. Jessica Torres Art does not ensure that the Website complies with the laws of other countries, either totally or partially. Jessica Torres Art declines all responsibility that may arise from said access. The User may formalize, at their choice, with Jessica Torres Art, the purchase and sale contract of the desired products in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

To proceed with the purchase of the product, the User must select the product they wish to purchase and add it to the Cart. Once the selection of products to be purchased has been completed, the User must click on the “Cart” icon. Next, the products selected for purchase will be indicated and the User must select between the available options for shipping the products to the indicated address and the method of payment for them.

The data provided to Jessica Torres Art through the corresponding form are identifying elements to access and make purchases and are personal and non-transferable.

Next, the User will receive an email confirming that Jessica Torres Art has received their order or purchase request, that is, the order confirmation. Where applicable, this information could also be made available to the User through their personal space connecting to the Website.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are shown together with the presentation or, where appropriate, image of it on their page on the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics and acknowledges that placing the purchase order or materializes full and complete of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and preserved in the computerized records of Jessica Torres Art in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the current laws and regulations that are applicable in this regard, and particularly taking into account the current regulations on data protection and the rights that assist Users in accordance with the Privacy Policy of this Website, Legal Notice and General Conditions of Use.

4. AVAILABILITY

All purchase orders received by Jessica Torres Art through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause eight of these Conditions) affects the supply of the same and/or the provision of services. If difficulties arise regarding the supply of products or there are no products left in stock, Jessica Torres Art undertakes to contact the User and refund any amount that may have been paid as payment.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€).

The products will be sold at the price indicated at the time of order confirmation by the customer.

Other taxes, fees, duties or surcharges are not included in the final prices of the products as shown on the Website.
Under no circumstances will Jessica Torres Art add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment method will be: Paypal.

Jessica Torres Art uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website.

6. BUY AS A GUEST

This website also allows purchasing through the guest purchasing functionality. In this purchase method, you will only be asked for the essential data to be able to process your order.

Once the purchase process is complete, you will be offered the option to register as a user or continue as an unregistered user.

7. DELIVERY

Shipments are generally made through the National Postal Service.

Jessica Torres Art offers two types of shipping: ordinary and certified.

• Ordinary shipping: It does not have a tracking number, so the user will not be able to follow the package from the moment it is shipped until it reaches its destination. In case of delay, damage or loss, no claim can be made to the National Postal Service, and therefore, the User must assume such situations if they occur.
• Certified shipping: It has a tracking number, so the user can follow the package from the moment it is shipped until it reaches its destination. In case of delay, damage or loss, a claim may be made to the National Post Office. If for any reason, attributable to it, Jessica Torres Art cannot meet the delivery date, it will contact the User to inform them of this circumstance and, The latter may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

8. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting Jessica Torres Art through the contact spaces. contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.

In any case, the User, before clicking on “COMPLETE PURCHASE”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right to rectification as established in the General Data Protection Regulation (EU) 2016/679 RGPD and the LO. 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.

9. RETURNS

In cases in which the User purchases products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Jessica Torres Art Website or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify Jessica Torres Art of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website or through the email address: hello@jessicatorres.art

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

The product to be returned must be in the same condition in which it was received, with its original packaging and, very importantly, unopened. If when the product is received it is found that any of these requirements are not met, a partial or total depreciation may be estimated on the amount.

In case of withdrawal, Jessica Torres Art will reimburse the User for the payments received, excluding shipping costs and return costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which the that Jessica Torres Art is informed of the User’s decision to withdraw.

Jessica Torres Art will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Jessica Torres Art could withhold said refund until it has received the products or items of purchase, or until the User presents proof of their return, depending on which condition is met first.

The User acknowledges that he or she is aware that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. Furthermore, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal. By way of example, and not exhaustively, this would be the case of: personalized products.

In any case, no refund will be made if the product has been opened, if the product is not in the same conditions in which it was delivered or if it has suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact Jessica Torres Art immediately and let you know the existing non-conformity (defect/error) by the same means.

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, replacement is appropriate. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.

10. DISCLAIMER

Unless otherwise provided by law, Jessica Torres Art will not accept any responsibility for the following losses, regardless of their origin: losses that were not attributable to any breach on its part, business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, Jessica Torres Art also limits its liability in the following cases:

• In case of delay, damage or loss of an ordinary shipment, Jessica Torres Art will not be responsible, nor will a refund be made for the value of the order placed by the User.
• Jessica Torres Art applies all measures to provide a faithful display of the product on the Website, however, it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur. use or others of this nature.
• Jessica Torres Art will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Jessica Torres Art uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure. .
• Jessica Torres Art will not be responsible for the misuse of the products that have been used by the User. At the same time, Jessica Torres Art will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, Jessica Torres Art will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure. , and this may include, by way of example, but not exhaustive:

• Strikes, lockouts or other industrial action.
• Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Jessica Torres Art will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. Jessica Torres Art will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Jessica Torres Art will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Jessica Torres Art sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Jessica Torres Art through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Jessica Torres Art may contact and/or notify the User by email.

12. RESIGNATION

No waiver by Jessica Torres Art of a specific legal right or action or the lack of a requirement by Jessica Torres Art for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with his obligations.
No waiver by Jessica Torres Art of any of these With

conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

13. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Jessica Torres Art in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Jessica Torres Art acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

15. DATA PROTECTION

The information or personal data that the User provides to Jessica Torres Art in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice, General Conditions of Use and Policy Of privacy). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all information or data provided are true.

16. APPLICABLE LAW AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Jessica Torres Art and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

17. COMPLAINTS AND CLAIMS

The User can send Jessica Torres Art their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Jessica Torres Art has official complaint forms available to consumers and users, which they can request from Jessica Torres Art at any time, using the contact information provided at the beginning of these Conditions (General Information). The user can download a model of the official complaint form through the website of the General Directorate of Consumer Affairs of each Autonomous Community.

Likewise, if a dispute arises from the execution of this purchase contract between Jessica Torres Art and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with current legislation on this matter.

In this sense, in accordance with EU Regulation No. 524/2013, we inform that the User has the right to request from Jessica Torres Art an extrajudicial resolution of consumer disputes accessible through the Internet address http: / /ec.europa.eu/consumers/odr.